Speight v. Slaton 8212 1557

Citation39 L.Ed.2d 367,94 S.Ct. 1098,415 U.S. 333
Decision Date27 February 1974
Docket NumberNo. 72,72
PartiesAlvis G. SPEIGHT, T/A Harem Book Store, et al., Appellants, v. Lewis R. SLATON, Etc., et al. —1557
CourtUnited States Supreme Court

Robert Eugene Smith, Baltimore, Md., for appellants.

Thomas R. Moran, Atlanta, Ga., for appellees.

PER CURIAM.

This is an appeal from a decision of a three-judge district court (356 F.Supp.1101) declining to intervene in a pending state civil proceeding and holding that such intervention was barred by our decision in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669. The state proceeding, brought against appellants by the Solicitor General of Fulton County, Georgia, sought an injunction against the operation of appellant Speight's bookstore, and confiscation and destruction of all merchandise on the store's premises, on the grounds that the store was being used for the 'advertising, storage, sale, and exhibition for sale of materials obscene within the meaning of Section 26—2101 of the Criminal Code of Georgia.' The basis for the State's action was § 26—2103 of the Code under which the use of any premises for the violation of § 26 2101 constitutes a 'public nuisance,' thereby triggering the application of state statutory provisions for the abatement of public nuisances, c. 72—2 of the Code of Georgia. The case is here on appeal. 28 U.S.C. §§ 1253, 2101(b). We noted probable jurisdiction to decide whether under these circumstances federal intervention in the pending state proceedings was barred by our holding in Younger v. Harris, supra.

Since oral argument of this case the Georgia Supreme Court has struck down the application of § 26—2103 in another case involving similar facts. Sanders v. State, 231 Ga. 608, 203 S.E.2d 153 (1974). In Sanders the State has brought an action to enjoin the operation of a bookstore on the ground that certain publications sold by the store were obscene under § 26—2101. The supreme court held that this application of § 26—2103 'represents an unconstitutional prior restraint when construed and applied to authorize the permanent closure of the book store as a public nuisance upon a finding that a single publication, obscene under the standards of Code Ann. § 26—2101(b), was sold on its premises.' Id., at 611, 203 S.E.2d, at 155. As we understand the Georgia court's decision, the operation of a bookstore could not be enjoined merely because some of its merchandise had been judicially determined to be obscene. The Georgia court cited both the...

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6 cases
  • Huffman v. Pursue, Ltd 8212 296, 73
    • United States
    • United States Supreme Court
    • March 18, 1975
    ...by a competent state tribunal the federal issues involved.' Id., at 577, 93 S.Ct., at 1697. Similarly, in Speight v. Slaton, 415 U.S. 333, 94 S.Ct. 1098, 39 L.Ed.2d 367 (1974), we noted probable jurisdiction to consider the applicability of Younger to noncriminal cases, but remanded for rec......
  • Universal Amusement Co., Inc. v. Vance, 75-4312
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 18, 1978
    .... in the past." Speight v. Slaton, 356 F.Supp. 1101, 1107 (N.D.Ga.1973) (Morgan, J., dissenting), Vacated and remanded, 415 U.S. 333, 94 S.Ct. 1098, 39 L.Ed.2d 367 (1974). Many courts have so held. However, the federal courts should refrain from passing upon a constitutional question if the......
  • Cornflower Entertainment, Inc. v. Salt Lake City Corp., C 79-0276.
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Utah
    • March 27, 1980
    .... in the past." Speight v. Slaton, 356 F.Supp. 1101, 1107 (N.D.Ga.1973) (Morgan, J., dissenting), vacated and remanded, 415 U.S. 333, 94 S.Ct. 1098, 39 L.Ed.2d 367 (1974). Many courts have so held. Id. at 106 Forsyth is, therefore, of little or no support for upholding a theatre closure bas......
  • Nihiser v. Sendak, Civ. No. 73 F 93.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • June 4, 1974
    ...See Palaio v. McAuliffe, 466 F.2d 1230 (5th Cir. 1972); Speight v. Slaton, 356 F.Supp. 1101 (N.D.Ga.1973), vacated, 415 U.S. 333, 94 S.Ct. 1098, 39 L.Ed.2d 367 (1974). The best approach is not to regard labels "civil" and "criminal" as controlling, but to analyze the competing interests whi......
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